Doctrine Of Liability Fixation On Medical Tort

The research object of this article is the principle of liability of tort in medical treatment. In the article, the author compares the principles of liability of tort in medical treatment of different foreign countries, summarizes the development of medical damage compensation systems of different phases in our country, analyzes the factor of social situation during the procession of settling the medical disputes, searches for a more rational principle to balance the integrated benefits of patients, medical agents and society, so that the government can perfect and improve the current theory of compensation of medical tangles,and solve the problems much better.The article contains four parts.Part 1:Introduce the development of medical damage and compensation regulations, mainly introduce the principle of liability of compensation in medical damage. Introduce the evolution of the medical damage and compensation regulations in our country, take the Medical accident settlement regulation established by the National Congress in 1987 and 2002 as the symbols, divide the development procession of medical damage liability system into 3 different phases (namely phase of limiting the patients’ rights, phase of forming defensive treatment for emphasizing providing proof by medical agents, phase of introspection and rational thinking)and introduce them respectively. Summarize the legislative origin ever since the medical damage compensation system has been established, quote different departments’opinions and some cases about the judgment of medical dispute compensation. Point out there are some contradictions between the current doctrine of liability of medical treatment and the reality according to the historical view.Part 2:Analyze the basic theories with different criterions adopted by different countries by analyzing the legislative regulations of medical damage compensation. give some thoughts for reference on aspects of building up settlement mode, principle of liability, sharing responsibility of medical risk,perfecting the medical appraisalPart 3:Mainly Discuss the principle of liability of tort in medical treatment. Begin with the particularity of the medical behavior, describe and explain the factors which can influence medical tort relief from the social aspect. Illustrate the establishment basis, value basis and core why default principle is adopted to judge the responsibility of medical tort by analyzing the presumed-default liability principle and the value of no-fault liability principle.Part 4:Discuss the burden of medical proof during the medical tort event. Analyze the advantages and disadvantages of burden of proof inversion and the current dilemma of appraisal of medical accidents in our country, propose the responsibility of appraisal should be assigned rationally and the risk should be shared as well during the medical dispute. Give some suggestions on how to build up a more rational medical insurance system and a unified, authoritative medical damage appraisal system.In the article, the author takes the principle of liability of tort in medical treatment as the main problem, select the social reality as its background, carry out the relative study and finds out an effective way to solve the problem:the most rational point of balancing the benefits of the patients, medical agents and the society.